Criminal Law Blog
November 03, 2005
Austin Criminal Lawyer Blogs On the Defense’s Advantage.
The defense’s advantage is that it doesn’t have to reveal anything to the State. It reveals what it chooses. The court can only require it to reveal expert witnesses no less than 20 days before trial. Other than that, the Defense can investigate, develop its theory of the facts, and present that theory only in opening statement before trial.
If the Defendant’s lawyer is a former prosecutor, then he will likely have a good idea of what the State’s theory and evidence will be. With that in mind, he will know how to counter-punch the State’s theory and its witnesses.
Not only that, if the Defendant’s lawyer has a good idea of what the State’s evidence will likely be, then he can be ready with caselaw to exclude critical portions of the State’s evidence.
The other advantage which the Defense enjoys is a somewhat lighter caseload, which means the defense lawyer should have the time to put into his case—time the prosecutor often does not have.
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